By Wang Law LLC — U.S. Immigration & Business Law

I. Introduction: The Emergence of Donation-Based Immigration in the United Stat

On September 19, 2025, the President signed Executive Order 14351, authorizing the U.S. Department of Commerce to create an immigration-related program allowing high-net-worth individuals to obtain employment-based immigrant status through large monetary donations.

In December 10, 2025, USCIS released the new Form I-140G and its official instructions, formally establishing what is now widely known as the “Gold Card Program.”

Unlike traditional EB-2 or EB-5 frameworks, which rely on employer sponsorship or job-creating investments, the Gold Card introduces a direct-gift model—a structure unprecedented in U.S. immigration law.

This article provides a detailed legal analysis for individuals, families, and corporate petitioners considering the Gold Card option, addressing statutory basis, eligibility standards, filing procedures, visa retrogression issues, and comparative risks.

II. Legal Foundation: Executive Authority Combined with Existing INA Categories

The Gold Card Program is not a new immigrant visa category created by Congress. Instead, its legal authority arises from a combination of executive action and existing statutory classifications.

1. Executive Order 14351

The order authorizes the Department of Commerce to accept donation funds and collaborate with DHS/USCIS to attract foreign capital. However, it does not establish a new immigrant visa classification.

2. Reliance on Existing INA Employment-Based Categories

Form I-140G explicitly channels applicants into two existing categories:

• EB-1A – Extraordinary Ability
• EB-2 NIW – National Interest Waiver

Therefore, the donation is a prerequisite for filing—not a substitute for the statutory ability requirements.

III. Donation Requirements: The Most Expensive U.S. Immigration Path to Date

According to the I-140G instructions, applicants must make a non-refundable monetary gift to the U.S. Department of Commerce.

1. Self-Petitioners (no employer)

• Principal applicant: US$1,000,000
• Spouse: US$1,000,000
• Each dependent child: US$1,000,000

2. Employer-Petitioned Applicants

• Principal applicant: US$2,000,000
• Each dependent: US$1,000,000

3. Use of Cryptocurrency

USCIS expressly permits crypto-based assets as donation funds if:

• Full blockchain traceability is provided
• AML/KYC standards are met
• No suspicious transactions appear

4. Donations Are Not Refundable

Unlike EB-5 investments, donations:

• Are not investments
• Are not returnable
• Do not generate equity or interest

The program therefore imposes the highest financial requirement in U.S. immigration history.

IV. Filing Fee Structure: USCIS Charges an Additional US$15,000 Per Applicant

Each applicant—principal and dependents—must pay:

• US$15,000 USCIS filing fee
• No fee waivers available
• Not refundable under any circumstances

Combined with donations, a family of four may incur US$4–6 million in total costs, making this one of the most restrictive pathways ever created.

V. Ability Requirements: Money Alone Is Insufficient

Despite the donation requirement, USCIS maintains full statutory standards for EB-1A and NIW adjudication.

1. EB-1A Extraordinary Ability Standard

Applicants must demonstrate that they are among the small percentage at the very top of their field, through:

• A one-time major internationally recognized award, or
• At least three of the ten regulatory criteria (e.g., publications, judging, significant contributions, media coverage, etc.)

This remains one of the most demanding criteria in U.S. immigration law.

2. EB-2 NIW Exceptional Ability Standard

Applicants must satisfy:

• Exceptional ability under 8 CFR §204.5(k), and
• Matter of Dhanasar’s three-prong test:
  1. Substantial merit and national importance
  2. Applicant is well positioned to advance the endeavor
  3. Waiver benefits the United States

3. Additional Filing Requirement for NIW

Form I-140G instructions state that NIW applicants must submit:

• An uncertified ETA-9089

EB-1A applicants do not need to file this form.

Conclusion: The donation is merely an eligibility trigger—not a replacement for legal ability requirements.

VI. Filing Procedure and Visa Retrogression: No Concurrent Filing, Consular Processing Only

The most significant limitation appears in the lack of I-485 eligibility at filing.

1. No Concurrent Filing With Form I-485

USCIS states that the Adjustment of status is not available at filing. Applicants may proceed only when a visa number becomes available. Thus, Gold Card applicants cannot:

• File I-485 together with I-140G
• Obtain EAD(Form I-765)
• Obtain Advance Parole (Form I-131)

2. Visa Bulletin Still Applies

The instructions explicitly direct applicants to the Visa Bulletin. Consequences:

• China-born applicants face EB-1 and EB-2 retrogression
• Donations do not accelerate visa availability
• Consular processing is required after approval

This substantially limits the program’s speed and appeal for applicants from heavily retrogressed countries.

VII. Comparison With EB-1A, NIW, and EB-5 Programs

Category	Gold Card (I-140G)	EB-1A	NIW	EB-5
Cost	US$1M–US$2M per person (gift)	Filing/legal fees only	Filing/legal fees only	US$800k investment
Refundability	No	N/A	N/A	Possible (depending on project)
Ability Requirement	Yes	Yes	Yes	No
Job Creation	No	No	No	Yes
Visa Retrogression	Yes	Yes	Yes	Yes
I-485 Concurrent Filing	No	Yes (if current)	Yes (if current)	Yes (if current)
Dependent Cost	US$1M per dependent	None	None	Included

Conclusion: The Gold Card is designed for individuals who are both wealthy and highly accomplished. It is not a substitute for EB-5, nor is it a “pay-to-win” version of EB-1A/NIW

VIII. Legal Risks and Compliance Considerations

1. Source-of-Funds Scrutiny

USCIS and the Department of Commerce will apply rigorous:

• Anti-money laundering (AML) checks
• Know-your-customer (KYC) checks
• Blockchain tracing for crypto funds
• OFAC sanctions screening

Any irregularities may result in denial.

2. Policy Instability Risk

Because the program is based on an executive order, future administrations may:

• Modify
• Suspend
• Terminate the program

Without Congressional action, long-term predictability is uncertain.

3. High Financial Risk

Donations and filing fees are entirely non-refundable, even if:

• The case is denied
• Retrogression worsens
• Policies change

4. Retrogression Risk for China and Other Countries

Applicants from oversubscribed countries may wait years for visa availability.

IX. Who Should Consider the Gold Card Program

Suitable Candidates

• High-net-worth individuals with strong EB-1A or NIW profiles
• Applicants from countries without visa backlogs
• Global entrepreneurs seeking rapid I-140 approval
• Corporations seeking to sponsor high-impact executives

Not Recommended For

• Applicants relying solely on financial capacity
• Individuals needing quick work authorization (EAD)
• China-born applicants unwilling to wait for retrogression
• Those seeking investment return (EB-5 is more appropriate)

X. Professional Guidance

Wang Law LLC provides:

• EB-1A / NIW eligibility evaluations
• I-140G strategy development
• Source-of-funds review (including crypto tracing expectations)
• Visa Bulletin and retrogression planning
• Full-scope preparation of petitions and supporting evidence

Wang Law LLC — Your Trusted Advisor for EB-1A, NIW, and High-Net-Worth Immigration Strategy

The introduction of Form I-140G and the Gold Card donation-based program marks a significant shift in the U.S. employment-based immigration landscape. Whether you are evaluating EB-1A, NIW, EB-5, or the new Gold Card pathway, a precise legal strategy is essential to avoid unnecessary financial and immigration risks.

At Wang Law LLC, we provide:

✔ Comprehensive EB-1A and NIW Eligibility Evaluations

Our attorneys offer detailed assessments based on statutory criteria, field achievements, and Dhanasar analysis.

✔ I-140G Gold Card Strategic Planning

We help clients understand donation requirements, crypto source-of-funds compliance, and the evidentiary standards for EB-1A/NIW classification under the new program.

✔ Full Petition Preparation and Evidence Development

We prepare persuasive legal briefs, expert reference letters, organizational charts, impact documentation, and all supporting exhibits.

✔ Source-of-Funds Review for High-Net-Worth Applicants

Including AML/KYC considerations, blockchain tracing expectations, and compliance risk mitigation.

✔ Visa Bulletin Forecasting & Immigrant Visa Processing

Essential for applicants from countries subject to retrogression.

---

Contact Wang Law LLC Today

If you are considering the Gold Card program or any employment-based immigration option, our firm can guide you through each stage with precision, transparency, and strategic insight.

📍 Chicago Office (USA)
WANG LAW LLC
203 N LaSalle Street, Suite 2100
Chicago, IL 60601
Phone: 312-519-1115
Email: david@wanglaw.com

Website: www.wanglaw.com
General inquiries: info@wanglaw.com

Wang Law LLC — Cross-Border Immigration. Excellence. Strategy. Results.

We help clients build their future in the United States and Canada, one case at a time.

By David Wang, Attorney at Law | Wang Law LLC | Immigration & Employment Practice

The PERM labor certification process is one of the most highly regulated components of U.S. employment-based immigration. Before sponsoring a foreign national for an EB-2 or EB-3 green card, the employer must demonstrate to the U.S. Department of Labor (DOL) that no able, willing, qualified, and available U.S. workers are ready to fill the offered position.

This article explains, from an attorney’s standpoint, the essential legal duties that employers must follow during the PERM recruitment process. These requirements are frequently misunderstood, and non-compliance is one of the most common reasons for audits, denials, and supervised recruitment.

1. Mandatory Use of the Applicant Assessment Sheet

Employers must evaluate every resume and job application received in response to the PERM advertisements using a standardized Applicant Assessment Sheet. This form documents:

• Whether the applicant meets the minimum job requirements
• Any missing qualifications
• Lawful reasons for rejection
• Consistency of review across all applicants

DOL expects employers to maintain objective, contemporaneous documentation. A failure to record specific reasons for rejection may lead to a finding that the recruitment was incomplete or biased.

2. Five-Year Recordkeeping Requirement

All recruitment documentation must be retained for five years from the date of filing the ETA-9089. This includes:

• All resumes and cover letters
• The completed assessment sheets
• Proof of advertising
• Internal recruitment notes
• Emails and screening logs

Even if a resume was submitted by mistake, or clearly does not meet the minimum requirements, the employer must still keep it for five years. DOL may request this file during an audit at any time within the retention period.

3. Strict Standards for Rejecting Applicants

Under PERM regulations, an employer may only reject an applicant for lawful, job-related reasons. Those reasons must be tied to the minimum requirements stated in the job order and recruitment advertisements. Examples of compliant rejection reasons:

✔ “Applicant lacks the required Juris Doctor degree.”
✔ “Applicant does not possess the required California Bar License.”
✔ “Applicant does not meet the stated requirement of travel availability.”

Examples of non-compliant reasons:

✘ “Applicant does not seem like a good fit.”
✘ “Employer prefers someone with more experience (not stated in ad).”
✘ “Applicant requires visa sponsorship.” — visa status is not a lawful basis to reject a U.S. worker.

4. Who Is Considered a “U.S. Worker”? Legal Definition Matters

Employers are legally obligated to consider the qualifications of U.S. workers, defined strictly by the Department of Labor, A “U.S. worker” includes only:

1. U.S. citizens
2. Lawful permanent residents (green card holders)
3. Refugees
4. Asylees

These individuals must be properly screened, and their resumes must be evaluated using the assessment sheet.

5. Who Does Not Need to Be Considered

Individuals with temporary or nonimmigrant status are not considered U.S. workers, even if they currently hold valid work authorization. This includes:

• H-1B / H-4
• L-1 / L-2
• O-1
• F-1, including OPT and STEM OPT
• J-1 / J-2
• TN / E-3
• Any form of temporary work permit
• Individuals without legal status

As a result, the employer is not required to consider these applicants during recruitment.

This principle is often misunderstood. The fact that an applicant has been living or working in the United States for many years does not mean they are authorized for permanent employment — which is the standard DOL evaluates.

6. Permissible Interview Questions: What Employers May and May Not Ask

Employers may not ask if an applicant is a U.S. citizen. However, employers may ask:

• “Are you legally authorized to work permanently in the United States?”
• “Will you require visa sponsorship now or in the future?”

These questions are essential for documenting the distinction between U.S. workers and non-U.S. workers.

7. Placement Agencies and Fee-Charging Recruiters

If resumes come from a placement agency that charges a fee to the applicant, the employer may reject those resumes unless the employer itself engaged that agency. This rule is designed to ensure fairness and prevent exploitation during recruitment.

8. Why Compliance Matters: Legal Risks of Non-Adherence

Failure to follow the above requirements may result in:

• PERM denial
• Audit or supervised recruitment
• Substantial delays in the green card process
• Potential findings of discriminatory or restrictive hiring practices

A single misstep—such as failing to document rejection reasons or discarding resumes too early—can invalidate the entire PERM process.

Conclusion

PERM recruitment is not simply a hiring exercise; it is a regulated process governed by complex federal requirements. Employers must carefully document every step, follow uniform evaluation standards, and understand which applicants qualify as “U.S. workers” under the law.

For employers, HR departments, and multinational companies, working closely with an immigration attorney is essential to ensuring full compliance and avoiding costly delays.

About the Author

David Wang, Esq.
Immigration & Employment Attorney
Wang Law LLC — Chicago
www.wanglaw.com
Email: info@wanglaw.com
Phone: (312) 519-1115

By David Wang, Attorney at Law, Wang Law LLC – Chicago & Montreal Offices

Disclaimer

This publication provides general information and legal analysis regarding the EB-5 Immigrant Investor Program from the perspective of a U.S. immigration attorney. It is intended for educational purposes only and does not constitute legal advice, create an attorney-client relationship, or substitute for individualized counsel. Investors should consult qualified legal professionals before making decisions related to immigration or securities investments.

I. Introduction

Since the passage of the EB-5 Reform and Integrity Act of 2022 (RIA), investors have increasingly questioned how the statutory investment amounts are determined, what constitutes a Targeted Employment Area (TEA), and how Direct EB-5 projects differ from Regional Center offerings. A recurring misconception—especially among first-time investors—is the belief that the $800,000 investment level is inherently tied to Regional Center projects. In fact, investment thresholds derive strictly from federal statute and TEA status, not from whether the project is “Direct” or “Regional Center.” This article provides a detailed legal analysis of the EB-5 framework, supported by citations to the Immigration and Nationality Act (INA), the Federal Register, USCIS Policy Manual, and binding administrative precedent such as Matter of Ho.

II. Statutory Framework: Why the Investment Amount Is $800,000 or $1,050,000

Under INA §203(b)(5), as amended by the RIA in 2022, EB-5 investments fall into two tiers:

• $1,050,000 – Standard minimum investment
• $800,000 – For investments located in a Targeted Employment Area (TEA) or qualifying infrastructure projects

RIA Text (Official Source)

“…the minimum investment amount shall be $1,050,000, and the reduced amount shall be $800,000 for investments in a targeted employment area or an infrastructure project…”
— EB-5 Reform and Integrity Act of 2022, §102(b)(5)
https://www.congress.gov/bill/117th-congress/house-bill/2471

Legal Conclusion

✔ The investment amount is determined by TEA status—not by Direct vs. Regional Center classification.
✔ Both Direct and Regional Center projects may qualify for the $800,000 threshold if located in a TEA.

III. TEA Requirements Under Federal Law

TEA determinations are governed by statute and regulatory criteria:

1. Rural TEA

A “Rural Area” must:

• Meet the definition in 7 U.S.C. §1991
• Be outside a metropolitan statistical area (MSA)
• Have a population under 20,000

2. High-Unemployment TEA

Federal regulation requires: “…an unemployment rate of at least 150 percent of the national average…”
— Federal Register, 87 FR 82909 (Dec. 1, 2022)
https://www.federalregister.gov/documents/2022/12/01/2022-25826/

IV. Direct EB-5 Projects: Why No Official List Exists

Contrary to common assumptions, USCIS does not maintain any public list of Direct EB-5 projects, because:

• Direct investments involve private operating businesses, not government-authorized offerings
• Businesses may be investor-owned (self-directed EB-5)
• Securities laws restrict public marketing of private offerings

USCIS confirms that Direct EB-5 investors must create 10 direct, W-2 full-time jobs:

“Direct EB-5 investments must result in the creation of 10 full-time positions for qualifying U.S. workers.”
— USCIS Policy Manual, Vol. 6, Part G, Chapter 2
https://www.uscis.gov/policy-manual/volume-6-part-g

V. Regional Center EB-5: USCIS Lists Centers, Not Projects

Unlike Direct projects, Regional Centers (RCs) are designated by USCIS.
However, USCIS only publishes the list of approved Regional Centers, not their individual investment projects.

Official USCIS Regional Center List

🔗 https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-regional-centers/approved-eb-5-immigrant-investor-regional-centers

The list includes:

• Active Regional Centers
• Terminated Regional Centers
• States and geographic scope

Why USCIS cannot publish project lists

EB-5 investment offerings are typically conducted under:

• Securities Act of 1933
• Regulation D (Rule 506)
• Regulation S

These regulations prohibit general public solicitation of private-placement securities.

VI. Precedential Case Law: Matter of Ho and Business Plan Requirements

The foundational legal standard for EB-5 business plans comes from the binding AAO decision:

Matter of Ho (Authoritative Precedent)

Matter of Ho, 22 I&N Dec. 206 (AAO 1998) holds that every EB-5 petition must include:

“a comprehensive description of the business, market analysis, personnel plan, and detailed job creation timeline.”

Official PDF:
🔗 https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3362.pdf

Legal Significance

✔ Applies equally to Direct and Regional Center filings
✔ USCIS continues to rely on Matter of Ho when adjudicating I-526/I-526E petitions
✔ Insufficient business plans remain a leading cause of RFEs and denials

VII. Direct vs. Regional Center EB-5: A Legal Comparison

Legal Issue	Direct EB-5	Regional Center EB-5
Job creation requirement	Must be direct jobs	May include indirect & induced jobs
Economic models	Not required	Required (RIMS II, IMPLAN)
USCIS project listings	None	RC list only
Minimum investment	TEA: $800k / Non-TEA: $1.05M	Same
Governing structure	Investor equity in operating business	LP/LLC structure through RC
Key authority	INA §203(b)(5)(A)	INA §203(b)(5)(B)(iii)
Risk profile	Operational risk	Developer/market risk

VIII. Due Diligence Factors: What EB-5 Investors Must Review

Wang Law LLC conducts due diligence in the following areas:

1. Economic Job Creation Models (RC only)

• RIMS II (Bureau of Economic Analysis)
• IMPLAN (Input-Output modeling)

2. Capital Structure Analysis

• Senior debt v. mezzanine debt
• Developer equity
• Repayment waterfall
• Bankruptcy searches (PACER)
  https://pacer.uscourts.gov/

3. Redeployment Requirements

USCIS mandates sustainment of capital: “The capital must remain at risk until the end of the sustainment period.” — USCIS Policy Manual, Vol. 6, Part G

4. Verification of TEA Designation

Compliance with updated labor and census data is essential.

IX. Conclusion

Based on statutory authority, administrative precedent, and USCIS policy:

1. The $800,000 minimum investment applies only when the project is located within a TEA—not because it is a Regional Center project.
2. Direct EB-5 projects have no official USCIS list; they require individualized legal review.
3. USCIS publishes only the list of approved Regional Centers, not the underlying projects.
4. Matter of Ho applies universally to all EB-5 business plans.
5. Post-RIA compliance obligations are substantially heightened, increasing the need for professional legal counsel and due diligence.

X. Contact Wang Law LLC for EB-5 Representation

Chicago Office (USA)
Wang Law LLC
203 N LaSalle Street, Suite 2100
Chicago, IL 60601
📞 +1 312-519-1115
📧 info@wanglaw.com
🌐 https://www.wanglaw.com

-Legal Options for U.S. Permanent Residents to Obtain a Green Card for Their Newborn (2025 Guide)

By Wang Law LLC — Immigration Attorneys
Chicago & Montreal Offices

I. Introduction

Many lawful permanent residents (LPRs) live, work, or travel abroad during pregnancy. If your child will be born outside the United States, you must understand that a baby born abroad to U.S. permanent residents does NOT automatically become a U.S. citizen or a green card holder.

Unlike children of U.S. citizens, children of LPRs do not acquire automatic status.
To bring your child to the United States, you must complete the family-based immigrant visa process through the F2A category or, in limited cases, use follow-to-join (INA §203(d)). This guide explains:

• Your legal options as LPR parents
• How F2A works for newborns born abroad
• What changes if one parent later becomes a U.S. citizen
• Timeline and government fees
• December 2025 Visa Bulletin impact
• Practical considerations for families expecting a child overseas

II. Children Born Abroad to LPRs Do Not Automatically Acquire Status

Under INA §§301–309, automatic citizenship applies only to children born abroad to U.S. citizens.

If both parents are lawful permanent residents at the time of the child’s birth:

✔ The child does NOT become a U.S. citizen
✔ The child does NOT automatically receive a green card
✔ The child MUST go through the immigrant visa process

The applicable category is:

F2A — Children (Under 21) of Lawful Permanent Residents

III. Step-by-Step Process for Obtaining a Green Card for Your Child Born Abroad

This process applies whether your child is born in China, Canada, Europe, Southeast Asia, Latin America, Africa, or the Middle East.

Step 1 — File Form I-130 (Petition for Alien Relative)

Required Documentation

• Copies of parents’ green cards
• Child’s foreign birth certificate + certified translation
• Marriage certificate (if applicable)
• Evidence of the parent-child relationship
• Parent passports
• Filing fee

2025 USCIS Fee

• I-130 online: $625
• I-130 paper: $675

Processing Time: 6–12 months (no Premium Processing available)

Note: You may request a USCIS expedite, but expedite cannot override visa availability or move the priority date.

Step 2 — National Visa Center (NVC) Processing

After I-130 approval, the case moves to NVC. Requirements include:

• DS-260 immigrant visa application
• I-864 Affidavit of Support
• Parent’s tax returns & W-2s
• Birth certificate
• Passport
• Civil documents

Government Fees

Fee	Amount
AOS Fee	$120
IV Fee	$325
USCIS Immigrant Fee	$235

Estimated Total: $1,280 – $1,705 including medical exam.

Step 3 — Immigrant Visa Interview at U.S. Embassy/Consulate

The interview occurs in the country of birth or residence, such as:

• Guangzhou
• Montreal
• London
• Singapore
• Abu Dhabi
• Mumbai
• Ciudad Juárez
• Sydney
• Etc.

Your child becomes a lawful permanent resident upon entry to the United States.

IV. Timeline for LPR Parents Expecting a Baby Overseas

Typical Timeline (No Expedite)

Stage	Time
USCIS I-130	6–12 months
NVC Processing	2–4 months
Embassy Interview Wait	2–6 months
Entry to U.S. → Green Card	immediate LPR
Total	12–22 months

Expedited I-130 (If Approved)

Stage	Time
I-130 Approval	5–10 days
NVC Expedite	1–4 weeks
Interview	1–2 months
Total (best-case)	2–4 months

⚠ Important: Expedite approval does NOT eliminate Visa Bulletin wait time if your priority date is later than the Final Action Date.

V. December 2025 Visa Bulletin: The Real Bottleneck

F2A Final Action Date — Worldwide (Including China-mainland)

01 February 2024

What This Means

Only children whose priority date (I-130 filing date) is earlier than 01 FEB 2024 may be issued an immigrant visa now.

If you file I-130 in:

• 2025 → PD = 2025
• 2026 → PD = 2026

Those priority dates are later than the current FAD (2024/02/01).

Therefore:

❌ Your child must wait for the Visa Bulletin to advance to their priority date.

❌ Even with I-130 expedite, no visa can be issued until PD becomes current.

This is the single most important fact LPR parents must understand.

VI. What If One Parent Becomes a U.S. Citizen Later?

This is where things change significantly — and sometimes dramatically.

A. If the Parent Naturalizes Before the Child Is Born

Huge difference! A child born abroad to a U.S. citizen parent may qualify for:

1. CRBA — Consular Report of Birth Abroad

(If parent meets physical presence requirement)

If approved → child becomes a U.S. citizen at birth.

No I-130 needed.
No visa needed.
No green card needed.

Requirements

• U.S. citizen parent lived in U.S. for 5 years, including 2 years after age 14
  (For married parents; there are alternative rules for unmarried parents)

B. If the Parent Becomes a U.S. Citizen After the Child Is Born but Before Age 18

This creates two possible benefits:

1. IR-2 Category (Immediate Relative)

• No Visa Bulletin wait
• No quota limits
• Processing is significantly faster
• You file I-130 → immediate eligibility upon approval

Even if PD is far behind the F2A Final Action Date, conversion to IR-2 wipes out the backlog.

2. Automatic Citizenship Under INA §320 (for children in the U.S.)

A child automatically becomes a U.S. citizen if:

• One parent becomes a U.S. citizen
• The child is a permanent resident
• The child is under 18
• The child resides in the U.S. in the legal and physical custody of the citizen parent

If the child is still abroad → INA §320 does not apply, but IR-2 remains available.

C. What If Both Parents Later Naturalize?

Even easier.
Under IR-2:

• No priority date wait
• No visa backlog
• No F2A quota limit
• Immediate consular processing upon I-130 approval

VII. Summary of Options (LPR vs. U.S. Citizen)

Parent Status at Child’s Birth	Child’s Status
Both parents are LPRs	Child is not U.S. citizen; must apply through F2A
One parent is U.S. citizen BEFORE birth	Child may be U.S. citizen at birth (CRBA)
One parent becomes U.S. citizen AFTER birth	Child becomes IR-2 → no waiting line
Child enters U.S. as LPR and lives with U.S. citizen parent	Child may acquire automatic citizenship under INA §320

VIII. Attorney Guidance for Families Expecting a Baby Abroad

If you remain green card holders:

• Expect 1–2 years of Visa Bulletin waiting
• Plan documentation early
• Consider expedite only for emergencies
• Start I-130 immediately after birth

If one parent may naturalize soon:

• Naturalize before birth if possible → CRBA (best outcome)
• Naturalize after birth → IR-2 (no backlog)

IX. Contact Us

Wang Law LLC assists families worldwide with:

• Green card and citizenship planning for overseas births
• I-130 filings (F2A & IR-2)
• Follow-to-join eligibility analysis
• CRBA (Consular Report of Birth Abroad) guidance
• NVC processing and embassy interviews
• I-864 compliance
• Strategic planning for parents seeking naturalization
• Humanitarian or expedite requests

📞 312-519-1115
📧 info@wanglaw.com
🌐 www.wanglaw.com

By Wang Law LLC — Immigration Attorneys

The U.S. Department of Labor (DOL) has released the FY 2025 Q3 PERM labor certification statistics, and the numbers reveal a dramatic shift in the employment-based immigration landscape. For thousands of international students and foreign professionals hoping to secure permanent residency through EB-2 or EB-3, the environment has become significantly more challenging.

PERM—Permanent Labor Certification—is the mandatory first step for most employer-sponsored green card categories. When PERM filings decline, green-card sponsorship opportunities shrink accordingly. The latest data paints a clear picture: U.S. employers are submitting far fewer PERM cases than in previous years, signaling a growing reluctance to sponsor foreign workers.

PERM Filings Drop 37.5% — The Steepest Decline Since 2017

According to DOL: Applications Received — FY 2025

Quarter	Filings
Q1 (Oct–Dec)	34,187
Q2 (Jan–Mar)	21,167
Q3 (Apr–Jun)	28,379
Total FY25-to-Date	83,733
YOY Change vs FY 2024	–37.5%

This marks the largest third-quarter decline since FY 2017. Employers are filing dramatically fewer cases, directly limiting green card opportunities for foreign workers.

Applications Processed — FY 2025

Action	FY 2025 Total	Q1	Q2	Q3
Certified	95,185	22,758	32,289	40,138
Denied	2,213	958	530	725
Withdrawn	4,865	1,689	1,507	1,669

Certification numbers remain high because DOL is working through older cases, but new filings are sharply declining, signaling reduced employer demand.

🌎 Top 10 States for PERM Employment — FY 2025

PERM work locations reflect economic shifts across the country.

State	Certified Cases	Share
California	17,635	18.5%
Texas	9,426	9.9%
Georgia	6,664	7.0%
New York	6,582	6.9%
New Jersey	4,507	4.7%
Illinois	4,129	4.3%
Florida	4,010	4.2%
Washington	3,440	3.6%
Massachusetts	3,051	3.2%
Roving Worksites	4,714	5.0%

California alone accounts for nearly one in five PERM jobs, much of it tied to tech and scientific fields.

🏢 Top 10 Industries Sponsoring PERM — FY 2025

Industry	Certified Cases	Share
Professional, Scientific & Technical Services	26,386	27.6%
Manufacturing	17,521	18.4%
Finance & Insurance	7,456	7.8%
Information	7,404	7.8%
Accommodation & Food Services	6,666	7.0%
Admin, Support & Waste Management	5,851	6.1%
Health Care & Social Assistance	5,723	6.0%
Retail Trade	3,439	3.6%
Education Services	2,696	2.8%
Transportation & Warehousing	2,319	2.4%

Tech and scientific services dominate, but manufacturing remains strong due to robotics, EV supply chain growth, and engineering roles.

👨‍💻 Top 10 Occupations Receiving PERM Certifications — FY 2025

Occupation	Certified	Share
Software Developers	22,419	23.6%
Computer Systems Analysts	4,531	4.8%
Meat, Poultry & Fish Cutters/Trimmers	3,905	4.1%
Data Scientists	3,073	3.2%
Fast Food & Counter Workers	2,912	3.1%
Landscaping & Groundskeeping Workers	2,400	2.5%
Medical & Clinical Laboratory Technologists	1,882	2.0%
Project Management Specialists	1,830	1.9%
Software QA Analysts & Testers	1,679	1.8%
Industrial Engineers	1,561	1.6%

The PERM labor market is polarizing: high-skilled tech roles dominate, while lower-skilled EB-3 “Other Worker” positions are also rising.

Why Are Employers Pulling Back From PERM?

Wang Law LLC has identified several key factors:

1. Long Processing Times-PERM adjudication + prevailing wage can easily take 18–36 months.

2. Higher Legal and Compliance Burdens-Recruitment documentation, good-faith hiring proof, and audit rates have all increased.

3. Corporate Uncertainty-Tech layoffs, hiring freezes, and shifting labor demands make long-term sponsorship risky.

4. Government Scrutiny Is Rising-DOL and USCIS both tightened review standards on employment-based immigration.

The result is Employer enthusiasm for green card sponsorship has fallen dramatically.

Impact on International Students and Foreign Professionals

For F-1, STEM OPT, and H-1B holders, this trend has major consequences:

✔ Fewer employers willing to start PERM

Tech companies and financial firms are especially conservative.

✔ Increased risk of “falling out of status”

When PERM is delayed or denied, workers often run out of H-1B time.

✔ Less job mobility and higher dependence on a single employer

An unstable environment places heavy pressure on foreign workers.

What Are the Alternatives? (NIW / EB-1A / EB-5)

To reduce dependency on employers, more individuals are turning to:

⭐ EB-1A — Extraordinary Ability

• No employer required
• No PERM
• Rapid adjudication

⭐ EB-2 NIW — National Interest Waiver

• Self-petition
• Ideal for researchers, engineers, data scientists, healthcare workers

⭐ EB-5 (Investment Green Card) — Now allows Concurrent Filing

• File I-526E + I-485 together
• Receive EAD (work permit) + Advance Parole
• No H-1B / OPT dependence
• No employer sponsorship required

For many families, EB-5 has become the most stable long-term solution for securing permanent residency without employment risk.

Conclusion: The U.S. Immigration Landscape Is Shifting — Act Early

The FY 2025 PERM data shows a clear, undeniable trend: Employer-sponsored green cards are becoming harder to obtain. International students, H-1B professionals, and U.S.-based families must plan proactively to avoid falling into an immigration “dead zone.”

Wang Law LLC assists clients nationwide with:

• EB-1A / EB-2 NIW
• PERM / I-140
• EB-5 Concurrent Filing
• Marriage-based and family immigration
• Student status preservation and change of status

If you or your family need a customized strategy, contact us for a consultation.

Wang Law LLC — Immigration Attorneys
📍 Chicago & Montréal
📞 312-519-1115
📧 info@wanglaw.com
🌐 www.wanglaw.com

A Data-Driven, Attorney-Reviewed Analysis for Employment-Based Immigration Applicants
By Wang Law LLC — Business & Employment Immigration Attorneys (Chicago & Montréal)

Recent USCIS and Department of State (DOS) data releases — including updated I-485 pending inventory and 2025 Visa Bulletin trends — reveal important signals for the employment-based green card categories, especially EB-2 and EB-3.

At Wang Law LLC, we regularly analyze government data, track adjudication trends, and advise corporate and individual clients on long-term EB-2/EB-3 strategy. Based on the latest publicly available information, this article provides a transparent, realistic, and data-supported outlook for fiscal year 2026. This analysis is not speculative “rumor-based commentary,” but a professional review grounded in official sources.

I. How Priority Dates Move: The Structural Rules

Movement of priority dates is governed by statutory requirements:

• Annual immigrant visa quota
• Per-country limits
• Overall demand in each EB category
• Pending I-485 inventory carried into the next fiscal year
• USCIS processing speed

Official reference: U.S. Department of State Visa Bulletin Portal:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Even if an applicant has filed I-485, USCIS cannot approve unless the Final Action Date (Chart A) becomes current.

Therefore: Understanding pending inventory + annual visa limits = understanding the future of EB-2 and EB-3.

II. What the 2024–2025 Data Indicates: EB-2 Strengthening, EB-3 Under Pressure

Based on government bulletins and credible industry reports:

1. EB-2 demand is strong but manageable

Evidence from PERM filings, I-140 approvals, and industry analyses suggests EB-2 may benefit from:

• comparatively balanced demand
• consistent high-skill filing volume
• manageable I-485 inventory levels

Reference: Fragomen 2025 Visa Bulletin & Backlog Assessment
https://www.fragomen.com/insights/green-card-backlogs-and-visa-bulletin-trends-what-employers-can-do-in-2025-and-beyond.html

2. EB-3 shows heavier long-term congestion

EB-3 (Skilled Workers & Professionals) consistently reflects:

• larger applicant volume
• limited visa allocation
• persistent pending inventory
• significant retrogression risk

Reference: EB-3 overview； https://eb3.work/green-card-eb3-priority-date-what-you-need-to-know/

3. Retrogression remains a normal EB-3 risk

The Department of State continues to shift dates backward when demand exceeds supply.

Example: Visa Bulletin (March 2025)
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-march-2025.html

4. Pending I-485 inventory directly impacts future advances

Large inventories or excessive carryover reduce available visas in future years.

Reference: Adjustment backlog explanation
https://www.niwus.com/resources/august-2025-visa-bulletin-released-eb-2-retrogression-updates

Conclusion:
EB-2 holds structural advantages entering FY2026.
EB-3’s backlog presents challenges for forward movement.

III. 2026 Forecast — A Reasoned, Data-Backed Projection

Based on quota math, demand patterns, and the known 2024–2025 trendlines, the following is a responsible and realistic forecast.

EB-2: Expected to Advance Consistently

If filing volume and pending inventory remain stable:

• EB-2 may advance several months through FY2026
• Processing may accelerate for many Rest-of-World applicants
• China EB-2 may experience constructive forward movement
• EB-2 remains the more strategic pathway for qualified applicants

EB-3: Likely Tightening or Slow Movement

Due to heavier congestion and higher applicant volume:

• EB-3 may experience slow advancement
• Several months may show minimal or no movement
• Retrogression remains a real possibility
• ROW EB-3 also faces unpredictable demand spikes

Key Variables to Watch

• U.S. labor market conditions
• PERM filing volume
• USCIS adjudication speed
• Possible surges in EB-2→EB-3 downgrades
• DOS visa allocation strategies
• Any congressional reform affecting visa numbers (rare)

IV. Practical Recommendations for Applicants

Professional Guidance from Wang Law LLC

As employment-based immigration attorneys, we recommend the following for clients planning ahead for 2026:

1. Choose EB-2 when eligible

EB-2 remains structurally more favorable for long-term movement.

2. EB-3 applicants should maintain realistic expectations

Longer wait times and slower movement should be anticipated.

3. Prepare documentation for potential interfiling

A well-timed EB-3 → EB-2 or EB-2 → EB-3 switch can dramatically affect outcome timelines.

4. Consider complementary immigration paths

Such as:

• EB-1A / EB-1B
• National Interest Waiver (NIW)
• Family-based categories
• Business or investor programs
• Cross-border strategies (e.g., Canada)

5. Monitor the Visa Bulletin monthly

We recommend reviewing monthly updates with counsel to avoid missed filing windows.

V. Disclaimer on Forecast Accuracy

Priority date predictions are inherently uncertain.
Actual movement may deviate significantly due to:

• DOS visa number calculations
• USCIS adjudication surges or slowdowns
• global economic shifts
• applicant volume spikes
• legislative or executive policy changes

Our projections are based strictly on public data, government bulletins, and industry analyses available as of late 2025.

VI. How Wang Law LLC Assists EB-2 / EB-3 Clients

Wang Law LLC provides comprehensive support for employment-based immigration applicants, including:

✔ EB-2 / EB-3 Category Strategy & Eligibility Evaluations

Tailored analysis to determine the strongest immigrant visa category.

✔ Priority Date Monitoring & Filing Window Management

We track every Visa Bulletin movement for clients.

✔ PERM, I-140, and I-485 Full-Service Representation

Ensuring consistency, compliance, and risk mitigation from start to finish.

✔ Interfiling (EB-2 ↔ EB-3) Guidance

Strategic timing for transfers based on backlog patterns and case posture.

✔ High-Risk Case Review

Including inconsistent filings, prior denials, RFE responses, and status complications.

✔ Corporate & Individual Consultations

Advising HR teams, employers, professionals, researchers, and investors on long-term planning.

VII. Contact Wang Law LLC

📍 Chicago, Illinois – U.S. Headquarters
📍 Montréal, Québec – International Office

📧 info@wanglaw.com
🌐 https://en.wanglaw.com
📞 (312) 519-1115

Wang Law LLC — Evidence-Based Immigration Strategy. Your Trusted Counsel for EB-2, EB-3, and Employment-Based Green Cards.

By Wang Law LLC – Immigration Attorneys (Chicago )

Over the past year, the U.S. Citizenship and Immigration Services (USCIS) has implemented a series of policy changes and internal guidance that significantly tighten the review of N-400 naturalization applications. While the statutory requirements for naturalization under the Immigration and Nationality Act (INA) have not changed, USCIS is now applying stricter screening methods, more detailed background investigations, and a heightened focus on Good Moral Character (GMC).

Below is a comprehensive analysis prepared by Wang Law LLC, based on official USCIS memoranda issued in 2025, Federal Register notices, DOJ denaturalization guidance, and patterns observed in recent AILA (American Immigration Lawyers Association) practitioner meetings.

This article is intended for lawful permanent residents preparing to apply for U.S. citizenship and for individuals concerned about how the new review methods may affect their case.

1. The Law Has Not Changed — But the Standard of Review Has

The legal requirements for naturalization remain the same, including:

• lawful permanent residence
• age requirement
• Good Moral Character (GMC)
• English & civics exams
• continuous residence & physical presence
• attachment to the Constitution

However, on August 15, 2025, USCIS issued policy memorandum PM-602-0188, titled:

“Restoring a Rigorous, Holistic and Comprehensive Good Moral Character Evaluation Standard for Naturalization Applicants.”

This memo instructs officers to apply a more demanding and holistic approach when evaluating an applicant’s moral character. Instead of merely confirming “no disqualifying problems,” officers are now directed to assess positive indicators of moral character, such as:

• consistent U.S. tax compliance
• stable, lawful employment or evidence of effort to work
• sustained family responsibilities
• community involvement or volunteerism
• educational achievement
• length and stability of U.S. residence
• overall adherence to U.S. laws

Who will be most impacted?

• applicants with minimal U.S. ties
• long-term absences or borderline physical-presence cases
• inconsistent work history or weak tax records
• applicants with any past arrests or minor offenses
• individuals with limited English or weak civic understanding

The shift is clear: USCIS is no longer asking only “Are you eligible?” but also “Are you deserving of U.S. citizenship?”

2. USCIS Has Reinstated INA §335(a)-Neighborhood Investigations

On August 22, 2025, USCIS issued a second memorandum restoring the rarely used personal and neighborhood investigations authorized under INA §335(a). This allows USCIS to:

• contact neighbors
• speak with landlords or building managers
• check with employers or coworkers
• verify residence through in-person or field verification
• confirm daily living patterns and community ties

Not every case will be investigated, but individuals with:

• unusual residence patterns
• extended stays outside the U.S.
• unclear living arrangements
• inconsistent information across past applications
• suspicious marriage or employment history

Key point: This is not a “rumor”—it is written in an official, nationwide USCIS memo， are significantly more likely to be selected for neighborhood inquiries.

3. Social Media Screening Is Now Part of the Background Review

In September 2025, USCIS submitted a new information collection system to the Federal Register titled:

“Generic Clearance for the Collection of Social Media Identifier(s) on Immigration Forms.”

Although the N-400 form does not directly ask for social media usernames, officers may review an applicant’s public online presence, including:

• Facebook
• Instagram
• TikTok
• YouTube
• WeChat public content
• Reddit / X / blogs

USCIS policy statements and media briefings confirm that officers may consider:

• anti-government or extremist content
• statements indicating fraud or misrepresentation
• evidence contradicting prior immigration filings
• online threats, hate speech, or criminal behavior

This is real and officially documented.

4. DOJ Has Elevated Denaturalization as an Enforcement Priority

On June 11, 2025, the Department of Justice (DOJ) Civil Division released an internal memorandum elevating denaturalization (revocation of citizenship) as a priority area for civil enforcement. The memo focuses on:

• national security matters
• terrorism, war crimes
• major criminal activity
• large-scale immigration fraud
• false testimony or misrepresentation during naturalization
• concealed arrests, marriages, children, or immigration history

Although denaturalization remains rare and requires a federal court judgment, the memo has a direct impact on N-400 reviews:

• USCIS officers are now much more cautious
• Material inconsistencies across prior filings trigger deeper scrutiny
• Cases with fraud indicators may be referred for revocation review

Naturalization is no longer viewed as the “end of the process,” but part of a continuous integrity review.

5. Practical Risks for 2025 Applicants

Based on official sources and practitioner reports, the highest-risk areas are:

A. Long absences from the United States

Even if you meet the statutory minimum days, extended absences can trigger:

• additional questioning
• neighborhood inquiries
• requests for proof of actual U.S. residence

B. Inconsistent information across immigration filings

Any mismatch between N-400 answers and prior:

• I-130
• I-485
• I-751
• I-589
• DS-160
• employment records
• marriage history

may be treated as misrepresentation.

C. Weak tax or employment history

Multiple years of no tax filings or unclear cash-only income raise red flags.

D. Criminal or arrest history

Even cases that were dismissed may require:

• rehabilitation evidence
• character reference letters
• proof of restitution or program completion

E. Public social media activity

Officers may check for:

• extremist rhetoric
• violence or hate speech
• anti-U.S. sentiment
• contradictions with immigration filings

How to Prepare for Naturalization in 2025

1. Ensure all immigration records are consistent

We conduct a full cross-file analysis before N-400 submission.

2. Document strong U.S. ties

Employment, taxes, community involvement, and residence evidence are now more important than ever.

3. Review your travel history carefully

Long absences must be explained with evidence.

4. Prepare a social media audit

We help identify and flag content that may cause unnecessary scrutiny.

5. If you have any criminal history, prepare rehabilitation evidence

This includes:

• court documents
• completion of counseling or courses
• community service letters
• psychological evaluations (if relevant)

6. Do not submit N-400 without a risk review if:

• you filed asylum before
• you had a complicated marriage history
• you traveled extensively
• you previously overstayed or had status issues
• there is any inconsistency in past filings

Conclusion: Naturalization Is Still Achievable — But Not Automatic

2025 has marked a major shift in how USCIS evaluates naturalization applications: The law has not changed, but the standard of review has become significantly stricter. Applicants must now demonstrate both eligibility and positive moral character.

For applicants with clean history and strong U.S. ties, naturalization remains absolutely attainable. For applicants with complexity—long absences, prior petitions, arrests, tax gaps, or inconsistent filings—preparation is critical.

Wang Law LLC (大为律师事务所) – Naturalization & Immigration Risk Review

We provide professional assistance for:

• N-400 eligibility assessments
• Continuous residence & physical presence analysis
• Full consistency review of all prior immigration filings
• Social media risk evaluation
• Criminal/GMC analysis
• Interview preparation & mock interviews
• High-risk naturalization strategy planning

Offices:
📍 Chicago, USA

Wang Law LLC 大为律师事务所
Immigration Law • Citizenship • Risk Management

If you wish to evaluate your naturalization risks or prepare your N-400 filing carefully and safely, our attorneys are ready to assist you.

What Is the Visa Bulletin and Why Does It Matter to EB-5 Investors?

The Visa Bulletin is a monthly publication by the U.S. Department of State. It determines when a green card applicant can proceed to the final stage of their application based on their priority date and country of birth.

For EB-5 investors, the Visa Bulletin controls when you (and your family) can:

• Submit your I-485 Adjustment of Status (if in the U.S.)
• Have your immigrant visa issued by a U.S. consulate (if abroad)

EB-5 Visa Categories Explained

Under the EB-5 Reform and Integrity Act of 2022, the EB-5 category was divided into:

Category	Reserved For	Allocation
Unreserved	General investors	68%
Rural (Set-Aside)	Rural area projects	20%
High-Unemployment (Set-Aside)	TEA zones (Urban or rural)	10%
Infrastructure (Set-Aside)	Public/private infrastructure	2%

Each category follows its own Visa Bulletin status.

Visa Bulletin for June 2025 – EB-5 Final Action Dates

Summary (Final Action Dates – Chart A)

EB-5 Category	China	India	Other Countries
Unreserved (C5, T5, I5, R5, NU, RU)	22JAN2014	01MAY2019	Current
Rural Set-Aside (20%)	Current	Current	Current
High-Unemployment Set-Aside (10%)	Current	Current	Current
Infrastructure Set-Aside (2%)	Current	Current	Current

• “Current” (C) = No backlog; visas are available immediately.
• Date shown = Backlog; only applicants with earlier priority dates may proceed.

How to Find and Interpret Your EB-5 Priority Date

Your priority date is the date your I-526 or I-526E petition was filed with USCIS. You can find it on your I-797 receipt notice.

Compare this date with the “Final Action Date” in the current Visa Bulletin. If your priority date is before or equal to the listed date, you are eligible to proceed.

Key Observations in 2025

• China-born investors in unreserved projects continue to face long wait times — more than 11 years of backlog.
• All reserved categories (Rural, High-Unemployment, Infrastructure) are Current for all countries, including China and India.
• Concurrent filing (I-526E + I-485) is only available to investors in the U.S. whose category is Current.

Backlog vs. No Backlog: What Should EB-5 Investors Choose?

Factor	Backlogged (Unreserved)	No Backlog (Reserved)
Green Card Wait Time	5–15+ years (varies)	~2 years (typical)
Eligibility for I-485	Limited by cutoff	Available if Current
CSPA Child Age-Out Risk	High	Low
Best for China/India nationals	No	Yes
Stability	Lower	Higher

Strategic Tip: Choose a reserved project, especially a Rural project, to avoid delays and maximize your investment outcome.

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Recommendations for EB-5 Investors

If you already invested in an unreserved project and are stuck in backlog:

• File a mandamus action if your case is unreasonably delayed.
• Consider re-investing in a reserved project if eligible.

If you are planning a new EB-5 investment in 2025:

• Prioritize reserved projects, especially rural area offerings.
• Use a lawyer to vet the regional center and perform due diligence.

Frequently Asked Questions (FAQs)

Q1: I filed my I-526 in 2017 and was born in China. Can I get a green card in 2025?

Only if your priority date is before Jan 22, 2014, based on the June 2025 bulletin for unreserved EB-5. Otherwise, you must wait.

Q2: If I invest in a rural EB-5 project now, will I be subject to a backlog?

No, as of June 2025, all reserved categories including rural are Current — no backlog.

Contact Wang Law LLC

We provide comprehensive support for EB-5 investors from initial investment structuring to green card filing. With years of experience and bilingual service (English & Chinese), we help investors make smart, compliant decisions.

• Website: www.wanglaw.com
• Email: david@wanglaw.com
• Phone: +1 (312) 519-1115
• Serving U.S., Canada, China-based clients

Overview of EB-5 Visa Category Allocation (FY 2025)

Under U.S. immigration law, 7.1% of the worldwide employment-based green card quota is allocated to EB-5 investors. Following the 2022 EB-5 Reform and Integrity Act, 32% of EB-5 visas are reserved for the following special categories:

• 20% for Rural Projects
• 10% for High-Unemployment Area Projects
• 2% for Infrastructure Projects

The remaining 68% are categorized as “unreserved” and are subject to country caps and possible backlogs.

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What Is the EB-5 Backlog?

A visa backlog occurs when the demand for EB-5 green cards exceeds the annual supply for applicants from a specific country. When this happens, only those with a priority date earlier than the posted “Final Action Date” in the Visa Bulletin can move forward to green card approval.

• “C” = Current: no backlog; visas available for all qualified applicants.
• Date shown = Backlogged: only those with priority dates before that date may proceed.

Final Action Dates for EB-5 (Visa Bulletin – June 2025)

Category	China (Mainland-born)	India	All Other Countries
Unreserved (C5, T5, I5, R5, NU, RU)	📌 22JAN2014 (backlogged)	01MAY2019	Current ✅
Reserved – Rural (20%)	Current ✅	Current ✅	Current ✅
Reserved – High Unemployment (10%)	Current ✅	Current ✅	Current ✅
Reserved – Infrastructure (2%)	Current ✅	Current ✅	Current ✅

For Chinese-born applicants, only reserved EB-5 categories are current in 2025. All unreserved projects are significantly backlogged.

Comparison: Backlogged vs. No-Backlog EB-5 Projects

Factor	Backlogged Projects (Unreserved)	Reserved Projects (Rural, TEA, Infrastructure)
Green Card Wait Time	5+ years (China)	1.5–2 years (typical)
Priority Date	Backlogged	Current
Child Aging-Out Risk	High	Low (protected under CSPA)
Investment Amount	$800K / $1.05M	$800K (with faster processing)
Concurrent Filing (I-526E + I-485)	Not always available	Yes (if in the U.S.)
Risk of Policy Change	Higher over long wait	Lower with quicker approval

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FAQs

Q1: I’m born in mainland China. How can I avoid the backlog?

Answer: Only by choosing a reserved EB-5 project (rural, high-unemployment, or infrastructure) can you bypass the current unreserved category backlog. These categories are “current” in 2025.

Q2: Are all rural or TEA projects guaranteed to be “no backlog”?

Yes, as of the June 2025 Visa Bulletin, all reserved EB-5 categories are marked “C” (Current). Rural projects are prioritized by law and typically see the fastest processing under USCIS.

Strategic Recommendations

You should strongly consider a reserved EB-5 project if you:

• Have children nearing age 21
• Want to obtain a green card in 2 years or less
• Plan to adjust status inside the U.S. via concurrent filing
• Prefer less exposure to policy or quota risk

Tip: Choose a reputable project from an approved regional center with full fund transparency and compliance with USCIS integrity rules.

Wang Law LLC – Your Trusted EB-5 Partner

Our firm specializes in EB-5 immigration law and regularly represents investors from China, Canada, and beyond. We assist with:

• Project due diligence (no referral bias)
• Source of funds and fund path compliance
• I-526E petition preparation
• Concurrent I-485 filing (U.S.-based applicants)
• CSPA strategy to protect aging-out children

📞 Schedule a Consultation With Us

• Wang Law LLC/WANG LAW GROUP
• Website: www.wanglaw.com
• Email: david@wanglaw.com
• Phone: +1 (312) 519-1115
• Based in Illinois, serving clients across the U.S., Canada, and China

When applicants file Form I-131 to request a Re-entry Permit or Advance Parole Document, they can choose to receive the document either:

• At their U.S. mailing address, or
• At a designated U.S. consulate abroad (such as the U.S. Consulate in Shanghai).

For clients who choose consular pick-up, it’s common to be confused when the USCIS case status says:

“Document was mailed to me”
— and the USPS tracking shows that the destination address is in Washington, DC, not the selected overseas consulate.

This situation leads to frequent questions like:

• Did USCIS send the travel document to the wrong place?
• Why was it mailed to D.C. if I requested to pick it up abroad?
• Will the consulate still receive the document?

The short answer: Yes, this is completely normal and part of USCIS’s standard routing process.

Common Client Confusion: “Was My Travel Document Sent to the Wrong Address?”

If your I-131 case status shows “Document was mailed to me,” and the tracking number indicates delivery in Washington, DC, don’t panic. This does not mean the document was mistakenly sent to you or to the wrong place.

Instead, it means USCIS has completed the travel document and mailed it to a U.S. government agency in Washington, DC for inter-agency processing before final international dispatch.

Why Are Travel Documents Routed Through Washington, DC?

When you select “consular pick-up” on Form I-131, USCIS does not send your document directly to the overseas consulate. Here’s the actual flow:

• USCIS completes and prints the travel document (e.g., Re-entry Permit or Advance Parole).
• Instead of sending it directly overseas, USCIS mails the document to the U.S. Department of State or the National Visa Center (NVC) in Washington, DC.
  • Address may look like: U.S. Department of State Visa Office / NVC Washington, DC
• The Department of State then forwards the document to the requested consulate via the Diplomatic Pouch—a secure international delivery system used by U.S. embassies and consulates.

Why Does USCIS Say “Mailed to Me”?

This is a generic case status message used by USCIS to indicate the document has left their facility. However:

• “Me” does not mean the applicant personally.
• It refers to the next recipient in the chain—usually the State Department or NVC in DC.
• The document is not lost and was not misdelivered.

How Long Does It Take to Reach the Overseas Consulate?

From the time USCIS mails the document to D.C., allow:

• 2 to 6 weeks (or longer in some cases) for diplomatic pouch transfer to the overseas consulate.
• Once received, the U.S. consulate will notify the applicant directly to arrange pickup.

Unfortunately, this part of the process does not have public tracking, so patience is essential.

What Should You or Your Attorney Do?

Here are steps we recommend:

Track the initial delivery to Washington, DC via USPS or UPS (usually shown in your USCIS online account).

Wait 2–6 weeks, then contact the consulate where you chose to receive the document.

Inquire with the consulate via email (check the consulate’s official website for instructions on travel document pick-up).

Need urgent travel? Talk to your immigration attorney about possible expedite options or in-country alternatives.

If you chose consular pick-up for your I-131 travel document and see that it was mailed to Washington, DC, this is not a mistake. It’s part of the normal overseas routing procedure.

The U.S. Department of State will handle forwarding the document to your selected U.S. consulate, and you will be contacted by consulate staff once it arrives.

Need Help with I-131 or Advance Parole Applications?

At Wang Law LLC, we have helped hundreds of clients navigate USCIS travel document applications, consular pick-up options, and expedite requests. We are committed to ensuring your document arrives where it should—when you need it.

Wang Law LLC – U.S. & Canadian Immigration Lawyers
Offices in Chicago & Toronto
Email: david@wanglaw.com
Website: www.wanglaw.com
Phone: 312-519-1115